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SUPREME COURT OF INDIA
J.B. PARDIWALA, K.V. VISWANATHAN, JJ.
Rajadurai – Petitioner
Versus
The State of Tamil Nadu – Respondent
Petition for Special Leave to Appeal (Crl.) No. 4729 of 2026 [Arising out of impugned final judgment and order dated 23-01-2026 in CRLOP(MD) No. 11505/2025 passed by the High Court of Judicature at Madras at Madurai], IA No. 81518 of 2026 With SLP(Crl) No. 5842 of 2026 (II-C)
Decided On : 05-05-2026
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 read with Sections 8(c) 20(b) (ii) (c) and 29(1) – Criminal Procedure Code, 1973 – Section 439 [Section 483 of BNSS] – Bail application – Contraband involved in present case is 22.950 kgs of Ganja – Petitioner is in judicial custody past more than one year – Although charge has been framed by Trial Court yet till this date not a single witness has been examined – Court persuaded to exercise discretion in favour of petitioner – Bail granted to petitioner. (Paras 2, 3, 4 and 5)
Facts of the case:
Petitioner has been denied regular bail by High Court in connection with First Information Report bearing No.11 of 2025 registered for offence punishable under Sections 8(c) 20(b) (ii) (c) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 respectively.
Findings of Court:
Petitioner be released on bail forthwith, if not required in any other case, subject to the terms and conditions that the Trial Court may deem fit to impose.
Result : Special Leave Petition disposed of. Bail granted.
ORDER :
Item No.1-SLP (Crl.) No.4729/2026
1. The petitioner has been denied regular bail by the High Court in connection with the First Information Report bearing No.11 of 2025 registered with Kottampati Police Station, District Madurai for the offence punishable under Sections 8(c) 20(b) (ii) (c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 respectively (for short, “the NDPS Act”).
2. The contraband involved in the present case is 22.950 kgs of ganja.
3. The learned counsel appearing for the petitioner would submit that her client is in judicial custody past more than one year. We are informed that although charge has been framed by the Trial Court yet till this date not a single witness has been examined.
4. In the facts and circumstances of this case, we are persuaded to exercise our discretion in favour of the petitioner.
5. We order that the petitioner be released on bail forthwith, if not required in any other case, subject to the terms and conditions that the Trial Court may deem fit to impose.
6. The Special Leave Petition stands disposed of.
7. Pending application(s), if any, shall stand disposed of.
Item No. 1.1.-SLP(Crl) No. 5842/2026
1. After arguing the matter for some time, the learned counsel appearing for the petitioner seeks permission to withdraw this petition.
2. The petition is accordingly dismissed as not pressed.
Bail – Seizure of Ganja – Bail can be granted to accused where period of custody is long and not a single witness has been examined.
Accused granted bail due to lack of prior criminal record and intermediate quantity of contraband, coupled with significant stage in investigation.
Lengthy custody without prior criminal records can justify bail despite rigorous statutory conditions.
The main legal point established in the judgment is that the quantity of the seized contraband and its classification as a commercial quantity under the NDPS Act influenced the court's decision in gr....
The court has the discretion to grant bail, taking into consideration the circumstances of the case, including the length of detention and the nature of the alleged offence.
A request for bail was denied based on the risk of misuse of liberty by the petitioner, supported by prior criminal cases.
The court ruled that when the investigation is nearly complete and the accused has been in custody for a significant period, bail may be granted under reasonable conditions.
Court grants bail under NDPS Act due to lack of antecedents and investigation completion.
The court emphasized the importance of evaluating the risk of re-offending when considering bail in cases involving serious criminal charges.
The quantity of contraband seized and evidence of habitual offending are crucial factors in determining bail under the NDPS Act.
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